Fair HousingIntermediateColorado Exam

A Colorado apartment complex owner who allows a white tenant's unauthorized pet to stay while evicting a Black tenant for the same violation is engaged in:

AA. Legitimate exercise of landlord discretion
BB. Racial discrimination through unequal enforcement of lease termsCorrect
CC. A permissible policy if the leases are different
DD. Only a state law issue, not a federal FHA violation, in most cases

Why B. Racial discrimination through unequal enforcement of lease terms Is Correct

Answer B: B. Racial discrimination through unequal enforcement of lease terms

Under the federal Fair Housing Act, 42 U.S.C. 3604(b), it is unlawful to discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling because of race, color, religion, sex, familial status or national origin. Letting one tenant keep a pet while evicting another tenant for the same violation because of race is unequal enforcement of lease terms and is racial discrimination. It is not merely a state-law issue, because the federal Act applies.

Source: 42 U.S.C. 3604 (Cornell LII)

Exam Tip: Fair Housing

Fair Housing questions test both federal (Fair Housing Act of 1968) and state-level protected classes. The federal protected classes are race, color, religion, national origin, sex, familial status, and disability. Many states add additional protections.

Key Fair Housing Terms in This Question

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